Hurst v. Mutual of Enumclaw

Plaintiff brought this action for a declaratory judgment against her automobile insurer for underinsured motorist coverage. Both parties moved for summary judgment. The court ruled for defendant, holding that plaintiff was not entitled to any relief under the policy, because she had settled the underlying claim without defendant’s prior written approval. Plaintiff appeals, and we reverse.

Plaintiffs insurance policy with defendant carried underinsured motorist limits of $100,000 per person. Plaintiffs policy also carried this exclusion:

“We do not provide Uninsured Motorist Coverage for bodily…